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Yvonne Zanos: Lease spells out landlord's right to enter apartment
Tuesday, July 03, 2007

Q: Does the owner and/or real estate agent have the right to enter the apartment of a tenant without their permission? My apartment building is 75 percent women. Several have noticed a foreign odor (perfume, grease or oil smell), toilet seat left up, etc.

When confronted with this problem, the real estate agent says they can enter the apartment at will. On one occasion they said they needed to measure the room. The owner says he needs to get inside to change the furnace filter and get into the electrical box. When given a certain time of day (after work) when he can do this, he says it would not "work" for him. It is a very uneasy feeling knowing that someone has been in our rooms. Can you help us?

--Alone and worried in Pittsburgh

A: Of course you feel uneasy, Alone. It sounds as if the landlord is spending more time in your apartment than necessary. I doubt there is anything written in your lease about toilet use, but the fact that someone is using your toilet and leaving the lid up would make anyone uncomfortable.

The first question is: "Is this legal?"

"It all depends on the fine print of the lease you signed," explained Pittsburgh real estate lawyer Arthur West.

"Some landlords provide under the contract the right to enter the apartment, with or without notice."

Even so, Mr. West said that in most leases, entering without asking is only done in emergency situations.

Check your lease, Alone. That's your first step. If there is nothing in your lease that says your landlord can enter whenever he feels like it, he could be trespassing. If your landlord calls and tells you that he needs to enter your apartment, Mr. West said, it's a matter of "reasonableness." If your landlord needs to change your furnace filter, both you and the landlord should be able to compromise on a suitable time.

There's another issue here. If you feel that your landlord is truly invading your privacy, there could be reason to take action. It is not OK for a landlord or apartment employee to look at your personal items or take advantage of toilet privileges.

Dig out the lease you signed and read it carefully. If it says the landlord can enter only during an emergency, you should let him know he is trespassing. If this situation continues, you have the right to file a civil complaint with your local district judge for entering without authority.

If the lease says that he can enter at any time, ask your landlord to make arrangements to enter your apartment when you are home.


Q: Are your cell phone numbers at risk?

A: No, No, No. So many of you are calling to ask if cell phone numbers are going to be released to telemarketers.

E-mails have been flying around scaring consumers into thinking that cell phones will be ringing with sales calls just like our land-line phones.

The e-mail says you have so many days until the cell phone numbers are distributed, so you must register your cell phone number with the national Do Not Call list to stop this.

The weird thing about this e-mail is that it is not true that your number is in danger of being part of a mass release, but it is true that you can register your cell phone with the national Do Not Call list. I figure this claim doesn't hurt anyone. The action called for can be helpful, but the scare tactic is unnecessary.

The number to call to get your cell phone or land line registered with the national Do Not Call list is 1-888-382-1222, or register online at www.donotcall.gov.

If you ever question an e-mail story that is circulating, check out snopes.com. It's a great Web site that keeps track of these mass e-mails that may or may not be true.

First published on July 2, 2007 at 10:54 pm
KDKA-TV consumer editor Yvonne Zanos can be reached at 412-575-2234, zanos@kdka.com or, in writing, at KDKA-TV, One Gateway Center, Pittsburgh 15222. Please provide your name, address and daytime telephone number with your inquiry.